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J.D. Byrider
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Order | Filed: September 25, 2023 | Entered: September 25, 2023 Attaway v. J.D. Byrider Dealership et al
Contract: Other | Illinois Southern
Judgment
JUDGMENT IN A CIVIL ACTION. Approved by Judge David W. Dugan on 9/25/2023. (dmw2)
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Order | Filed: September 25, 2023 | Entered: September 25, 2023 Attaway v. J.D. Byrider Dealership et al
Contract: Other | Illinois Southern
Order ~Util - Terminate Motions
ORDER granting 7 Motion to Dismiss Lawsuit. On September 13, 2023, Plaintiff Michael N.B. Attaway filed this pro se lawsuit for breach of contract (Doc. 2). Plaintiff filed an amended complaint on September 19, 2023 (Doc. 6). Plaintiff also sought leave to proceed in forma pauperis (Doc. 3), and this Motion is currently under review with the Court. However, by Motion dated September 21, 2023, Plaintiff requests to withdraw this lawsuit in its entirety. Plaintiff represents that he understands that he still owes a filing fee for this case, but does not wish to pursue this litigation at this time (Doc. 7). Fed. R. Civ. P. 41(a)(1)(A) permits dismissal without a court order by two methods: (i) plaintiff files a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) plaintiff files a stipulation of dismissal signed by all parties who have appeared. In the instant case, Plaintiff has filed a Motion for dismissal before the opposing party has served an answer. Given the procedural posture of the case, the Court need take no further action because the notice effected the dismissal of this suit without prejudice. See Nat'l Inspection & Repairs, Inc. v. George S. May Intl. Co., 600 F.3d 878, 883 (7th Cir. 2010) ("Claims dismissed pursuant to Rule 41(a)(1) are complete on the dismissal without any action by the district judge."). For these reasons, Plaintiff's Motion to Dismiss Lawsuit is GRANTED, and this action is DISMISSED, without prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly and to close this case. Signed by Judge David W. Dugan on 9/25/2023. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Motion | Filed: September 21, 2023 | Entered: September 21, 2023 Attaway v. J.D. Byrider Dealership et al
Contract: Other | Illinois Southern
Dismiss
MOTION to Withdraw Lawsuit by Michael N.B. Attaway. (jle)
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